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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner is remortgaging her property but she had joint

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my partner is remortgaging her property but she had joint with her ex husband now legally divorced. He wants his name off the mortgage and the court has ruled my partner has 100% of property and the ex husband does not have any legal or beneficial interest.
She is now remortgaging with me with transfer of equity (declaration of trust in place) to take off his name off the mortgage and finally fulfil what the court told her to do with regards ***** ***** divorce ruling.
Now my question is, the remortgage solicitor said they have to write the ex husband with both our names for him to see who the new person on the mortgage is. Is that compulsory that the ex husban sees my name on the transfer of equity
Our concern is he will not co-operate to sign what the solicitor send him to sign.
Can solicitor . How can it be enforced that he signs it? Does both our names need to be exposed to him? how do we get over this difficult and uncooperative ex husband/

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that the new documentation will need your name on it at the time that it is sent to your partner's ex.

However if he refuses to sign the application then your partner can apply to the Court for the Judge to sign the paperwork instead

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you clare.
She has the court order document so do we go to the same Judge that issued it?
tell him the ex has refused to sign and then he will sign it?
Do you have a rough idea the cost involved in this and will our present conveyancer/solicitor be able to do this for us? Go directly to the judge on our behalf as thrh have more power to get the judge to sign it ASAP.Thanks.

It is a matter of applying to the same Court on a D11 - the fee is £95

Clare and other Family Law Specialists are ready to help you